JUDGE: Has no authority to legislate

The following is in rebuttal to Judge Candy (I recall a couple of ’50s strippers named “Candy”) Dale’s decision regarding Idaho’s position/law regarding same sex marriage.

Amendment X 1:1a of the U.S. Constitution states “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Constitution has nothing to say about marriage, therefore the rules/laws pertaining to marriage remains to the States and its people.

The Idaho Constitution, Article III, Section 28 states “A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.”

Judge Candy and her fellow liberal activist Judges (exceeding their judicial authority) base their decisions on Amendment XIV 1:1b “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Thus, Idaho is prohibited from imposing any conditions of race, nationality, social standing, etc. restricting the validity of a marriage between a man and a woman. I am at a loss as to where these activist Judges find the “rights” for homosexuals to marry.

And, yes, I challenge the U.S. Supreme Court’s ruling that a federal law forbidding the federal government from recognizing same-sex marriages was unconstitutional. It is high time the Congress exerted its authority over the Supreme Court! That is why our Founding Fathers set up the three branches of the Government-to establish control over each other. The Judicial branch has no authority to legislate!!

GEDDIE H. FREDY

Coeur d’Alene